Sage Telecom's Allegations Insufficient to State Claim, Says Debt Collector
Sage Telecom’s “conclusory and speculative allegations” are insufficient to state a claim under code 302.101 of the Texas Telephone Solicitation Act, said defendant Mercantile Adjustment Bureau Wednesday, supporting its motion to dismiss the amended complaint (2301050058) filed this month in…
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U.S. District Court for Northern Texas in Dallas. In its three-point argument, Mercantile said Sage’s amended complaint fails to establish that the defendant made a telephone solicitation from a location in Texas to a “purchaser” in the state, said the memorandum (docket 3:22-cv-2737), saying in the context of debt collection, a consumer already has purchased an item. The amended complaint doesn’t allege the defendant placed a single phone call to plaintiff, stating instead that a party filing suit under the TTSA doesn’t need to be the recipient of solicitations, the defendant said. It argued the TTSA doesn’t permit the plaintiff, as a telecom service provider, to bring an action on behalf of its customers. Third, said MAB, the amended complaint failed to allege Sage suffered actual damages as a result of the alleged TTSA violation.